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Who Is At Fault: Understanding Michigan Divorce and Fault Laws

Oct 24, 2016

Something went wrong within your marriage. You probably started it with good intentions and plenty of high hopes for an incredible experience. Now, whether it is months or years later, it’s failing. Perhaps you know what went wrong. It may have been your own or your spouse’s fault. When it comes time to divorce, you may be wondering if there is any claim to fault and how that could impact your divorce proceedings.

Understanding Divorce Laws in Michigan

Michigan is considered a no-fault state when it comes to divorce. That means that you do not have to show grounds for the dissolving of the marriage. You can get divorces, in other words, without laying blame or claiming one party is at fault over the other. However, that does not mean fault does not matter at all within the divorce process in Michigan. It does and it could impact the way that you go through this legal process.

When the time comes for you and your spouse, or a judge, to make decisions about the division of martial property, fault can play a role in the decision to award one person more than the other. It can also play a role in the decisions that are made in regards to spousal support or for alimony requests. The problem is, though, fault is subjective. It is just one of the 14 things that judges must take into consideration when deciding on factors for a divorce. That means that it will play a role in the outcome of the marriage, but it is not the only factor.

If you believe your or your spouse was at fault, it is valuable to work with a Michigan divorce attorney to better understand the implications of this fault on the divorce proceedings. Every case is considered on a very personal basis. What is considered fault in your situation may result in different outcomes in another situation. With the help of an experienced attorney, you can reduce the risk that you’ll see unfair awards of property or alimony during your divorce.